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NY K81701




January 15, 2004
CLA-2-94:RR:NC:SP:233 K81701

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Ms. Cathy Bonadonna
Bed Bath & Beyond
650 Liberty Ave.
Union, NJ 07083

RE: The tariff classification of a Pop-Up Outdoor Storage Unit from China.

Dear Ms. Bonadonna:

In your letter dated January 8, 2004, you requested a tariff classification ruling.

The submitted sample is a Pop-up Outdoor Storage Unit, SKU 13154945. The item, which measures 2.25’ x 3.25’ x 2’, is made of water-resistant non-woven polyester with plastic bonded lining attached to a wire metal frame. The unit is intended to store outdoor articles such as toys, lawn furniture cushions, swimming equipment and the like. It can be folded down for portability and easy storage when not in use. Included are four stakes for securing to the ground.

Your sample is being returned as requested.

The applicable subheading for the Pop-Up Outdoor Storage Unit will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other furniture and parts thereof: Furniture of other materials Other, Household." The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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